Resolution No. 4595RESOLUTION NO. 4595
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT TO CONDITIONAL USE PERMIT NO. 94 -20 - WITH CONDITIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed for a conditional use permit in accordance with the
provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress to permit a Playland
at Burger King Fast Food Restaurant located at 10501 Knott Avenue in the CN Commercial
Neighborhood Zone.
2. That the City Council, after proper notice thereof, duly held a public hearing on
said application as provided by law.
3. That the City Council hereby finds that:
a. The proposed location of the conditional use is in accord with the
objectives of the Zoning Ordinance and the purpose of the zone in which the site is
located is:
Intended for neighborhood shopping centers which provide limited retail
business service and office facilities for the convenience of residents of the
neighborhood. These shopping centers are intended to be compatible with
a residential environment at locations indicated on the general plan.
b. The proposed location of the conditional use and the conditions under
which it would be operated or maintained will not be detrimental to the public health,
safety or welfare or be materially injurious to properties or improvements in the vicinity
in that:
(1) Conditions have been imposed which ensure the regulation of the
Playland for safety and maintenance.
(2) The Playland complies with the policy adopted by the City Council
on July 10, 1995.
(3) The Playland does not adversely impact the required landscaping
or parking for this use.
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance except for approved variances or adjustments.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Amendment to Conditional Use Permit No. 94 -20, subject to
the conditions attached hereto as Exhibit "A".
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 12th day of February , 1996.
ATTEST:
C36 42,-
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
1
MAYOR OF THE CITY OF CYPRESS
291
292
I, LILLIAN M. HAINA, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held
on the 12th day of February , 1996, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Carroll, Jones, Kerry and Bowman
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Age
2
ITY CLERK OF THE CITY OF CYPRESS
293
EXHIBIT "A"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 94 -20
CONDITIONS OF APPROVAL
PLANNING CONDITIONS
1. The developer shall defend, indemnify, and hold harmless, the City and any agency
thereof, or any of its agents, officers, and employees from any and all claims, actions,
or proceedings against the City or any agency thereof, or any of its agents, officers or
employees, to attack, set aside, void or annul, an approval of the City, or any agency
thereof, advisory agency, appeal board, or legislative body, including actions approved
by the voters of the City, concerning the project, which action is brought within the time
period provided in Government Code Section 66499.37 and Public Resources Code,
Division 13, CH. 4 (§ 2100 et se g. - including but not by way of limitation § 21152 and
21167). City shall promptly notify the developer of any claim, action, or proceeding
brought within this time period. City shall further cooperate fully in the defense of the
action and should the City fail to either promptly notify or cooperate fully, developer
shall not thereafter be responsible to defend, indemnify, or hold harmless the City.
2. The developer's contractor shall provide the City with a Certificate of Insurance on City
form evidencing a comprehensive liability insurance policy with a combined single limit
of not less than $500,000 each occurrence in connection with the work performed.
Certificate shall include the City, its Council, officers, members of boards or
commissions and employees as additional Named Insureds with respect to all claims,
actions, damages, liabilities and expenses, including attorney's fees, arising out of or in
connection with the work to be performed under the development executed by the Named
Insured and City, including any act or omission of employees, agents, subcontractors,
or their employees. Such certificate shall have a thirty (30) day cancellation notice to
the City of Cypress.
3. All applicable conditions of Amendment to Conditional Use Permit No. 94 -20 shall be
complied with prior to occupancy of the subject building.
4. Any expansion or modification of the approved use beyond what is approved as part of
Amendment to Conditional Use Permit No. 94 -20 will require an amendment to the
conditional use permit.
5. This Amendment to Conditional Use Permit No. 94 -20 may be modified or revoked by
the City Council should the Council determine that the proposed use or conditions under
which it is being operated or maintained is detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity.
6. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
• Community Development Department • Planning Division •
294
Exhibit "A"
Conditional Use Permit No. 94 -20
Conditions of Approval
Page 2
7. Safety netting shall be installed to the satisfaction of the City in order to prevent children
from throwing objects from the Playland.
8. An Encroachment Permit shall be obtained and approved prior to final release of this
Amendment to Conditional Use Permit No. 94 -20 in order for the Playland to project two
feet (2') into the public right of way.
9. The applicant shall submit structural calculations and obtain a building permit for the
retention of the Playland within thirty (30) days of approval of Amendment to
Conditional Use Permit No. 94 -20.
FIRE AUTHORITY CONDITIONS
10. The following notes shall be provided on the site plan:
A. Fire Authority Final Inspection Required. Schedule inspection two (2) days in
advance. Phone (714) 527 -9447.
B. Locations and classifications of extinguishers to be determined by the fire
inspector.
11. Provide architectural plans with information on exiting from Playland and building.
Information should include but not be limited to Exit doors, Exit sign, door hardware,
etc.
Effective 02/12/96
• Community Development Department • Planning Division •